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Tea party radio ad opposes David’s retention; Shepard gives backing

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Indianapolis Tea Party Corp. has produced a radio advertisement critical of Justice Steven David ahead of his retention vote on Tuesday.

David, who was appointed to the court in 2010, has faced opposition due to his 2011 opinion in Richard L. Barnes v. State of Indiana. David wrote for a 3-2 majority that there was no right to reasonably resist unlawful residential entry by police. The Legislature reacted this year to public outcry, passing SEA 1, which said such a right does exist.

In response to the unusual opposition to a retention vote, David was authorized by the Judicial Qualifications Commission to create a website, www.justicestevendavid.com. Appellate judges typically may not campaign for retention unless they encounter active opposition.

David said in a recent interview with the Indiana Lawyer that, “It’s important to look at a person’s body of work rather than one decision.” He noted taking part in more than 150 Indiana Supreme Court decisions since his appointment, more than 30 of which he wrote.

In the tea party radio ad, an announcer says, “For hundreds of years, your home was your castle. … As a result of Justice Steven David’s opinion, your home is no longer your castle … Is Justice Steven David a judge Hoosiers want on the Indiana Supreme Court?”

The tea party website, www.indianapolisteaparty.com, says the ad is airing statewide. Representatives of Indianapolis Tea Party Corp. did not respond to messages seeking comment.

David recently published an endorsement on his website from former Indiana Chief Justice Randall Shepard, who wrote, “It is good for Indiana that Steve David hears the call of public service, and we should vote to retain him in office with confidence that we’re lucky to have him.”

Shepard also endorsed other appellate judges up for retention as well as the process that placed them on the bench. “Indiana’s system of merit appointment and retention has saved us from the sort of unseemly judicial political campaigns so visible even in the states around us. And it has promoted able people to the bench. The public’s knowledge of this fact has produced higher voter participation and higher voter approval over time,” Shepard wrote.

Also on the statewide retention ballot Tuesday are Justice Robert Rucker and Court of Appeals Judge Nancy Vaidik. Court of Appeals Judge John Baker will appear on ballots in COA District 1, 53 mostly southern and central Indiana counties excluding Delaware, Hamilton, Madison and Marion counties; and COA judges Michael Barnes and Paul Mathias will appear on ballots in District 3, 20 counties in northern Indiana.


 

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  • voters exercise their free speech rights; usual cheerleaders for democracy and free speech frown upon it
    Democracy, democracy, democracy, except when it threatens powers-that-be! If the unwashed masses dare disagree with a law decision abolishing an individual right cherished by free Enlgish and Americans since the Magna Carta, then they are "extremists." Bah!
  • Vote No to Extremisim
    I would say no extremisim should be welcomed. Not from Tea pariers, Move Oners, 99 percenters, or the 47 percenters, NOR any liberalist, conservitivist, libetarianist, greenist, socialist, communist, facist, anarchist, agnostic..ist. No one should be welcomed or have any say or opinion of those in our legal system. U scary!
  • Merit Selection
    Tea Party extremism is not welcome in our Legal System of Justice: RETAIN STEVEN DAVID

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    1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

    2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

    3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

    4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

    5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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